§  95.816   Competitive bidding proceedings.

   (a) Mutually exclusive initial applications for 218–219 MHz Service
   licenses are subject to competitive bidding. The general competitive
   bidding procedures set forth in part 1, subpart Q of this chapter will
   apply unless otherwise provided in this part.

   (b) Installment payments. Eligible Licensees that elect resumption
   pursuant to Amendment of part 95 of the Commission's Rules to Provide
   Regulatory Flexibility in the 218–219 MHz Service, Report and Order and
   Memorandum Opinion and Order, FCC 99–239 (released September 10, 1999)
   may continue to participate in the installment payment program.
   Eligible Licensees are those that were current in installment payments
   ( i.e. less than ninety days delinquent) as of March 16, 1998, or those
   that had properly filed grace period requests under the former
   installment payment rules. All unpaid interest from grant date through
   election date will be capitalized into the principal as of Election Day
   creating a new principal amount. Installment payments must be made on a
   quarterly basis. Installment payments will be calculated based on new
   principal amount as of Election Day and will fully amortize over the
   remaining term of the license. The interest rate will equal the rate
   for five-year U.S. Treasury obligations at the grant date.

   (c) Eligibility for small business provisions. (1) A small business is
   an entity that, together with its affiliates and controlling interests,
   has average gross revenues not to exceed $15 million for the preceding
   three years.

   (2) A very small business is an entity that, together with its
   affiliates and controlling interests, has average gross revenues not to
   exceed $3 million for the preceding three years.

   (d) Bidding credits. A winning bidder that qualifies as a small
   business, as defined in this subsection, or a consortium of small
   businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of
   this chapter. A winning bidder that qualifies as a very small business,
   as defined in this section, or a consortium of very small businesses
   may use the bidding credit specified in accordance with
   § 1.2110(f)(2)(i) of this chapter.

   (e) Winning bidders in Auction No. 2, which took place on July 28–29,
   1994, that, at the time of auction, met the qualifications under the
   Commission's rules then in effect, for small business status will
   receive a twenty-five percent bidding credit pursuant to Amendment of
   part 95 of the Commission's Rules to Provide Regulatory Flexibility in
   the 218–219 MHz Service, Report and Order and Memorandum Opinion and
   Order, FCC 99–239 (released September 10, 1999).

   [ 64 FR 59660 , Nov. 3, 1999, as amended at  66 FR 9219 , Feb. 7, 2001;  67 FR 45378 , July 9, 2002;  68 FR 43001 , July 21, 2003]